Excelsior Correspondent
JAMMU, Nov 21: In the much publicized Rs 27 crore scam in J&K Housing Board, Division Bench of the State High Court comprising Chief Justice Bader Durrez Ahmed and Justice Sanjeev Kumar today directed the Commissioner/Secretary Housing and Urban Development Department to post Aftab Rashid Pandit, the then DGM Unit-II J&K Housing Board against any other equivalent post uninfluenced by the observations made by the order dated September 11, 2017.
In the order dated September 11, 2017, the DB after placing reliance upon the judgment of the Apex Court titled Centre for Public Interest Litigation V/s Union of India & Anr had directed the Commissioner/Secretary H&UDD to take steps for posting of the then MD Ram Pal Sharma and Aftab Rashid Pandit, DGM Unit-II to some other posts of their grade/cadre in some other department till the completion of departmental enquiry against them.
When the PIL titled Sheikh Mohd Shafi & Anr V/s Union of India & Ors came up for hearing, Senior Advocate Riaz Jan with Advocate Vikas Magotra appearing for Aftab Rashid Pandit informed the Division Bench that the applicant has filed an application seeking modification/vacation of order dated September 11, 2017.
They submitted that true facts were not brought to the notice of the Division Bench when order dated September 11, 2017 was passed which has caused great prejudice to the applicant. It was submitted before the DB that applicant Aftab Rashid Pandit had only executed the works on the verbal directions of his Managing Director Ram Pal Sharma and did not indulge in any act of omission or commission.
On the other hand, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Suraj Singh and Supriya Chouhan appearing for the PIL submitted that Aftab Rashid Pandit has confessed in his application that he executed the works on the verbal directions of his MD Ram Pal Sharma who was dancing to the tunes of the then Chairman J&K Housing Board Raman Bhalla, Minister for Housing.
“Aftab Rashid Pandit was remiss in the performance of his duties as he did not follow the provisions of Financial Code and just to remain in good books of the then Minister/Chairman J&K Housing Board executed works worth Rs 27 crore thereby depleting the financial reserves of J&K Housing Board and this stood substantiated by the 3-member enquiry committee”, Advocate Ahmed said, adding “in view of the serious lapses and creation of liabilities worth Rs 27 crore Aftab Rashid Pandit does not deserve to be posted in J&K Housing Board as he will indulge in similar activities”.
After heated arguments from both the sides, Division Bench, in the open court, directed the Commissioner/Secretary Housing and Urban Development Department to post Aftab Rashid Pandit the then DGM Unit-II J&K Housing Board against any other equivalent post without prejudice/uninfluenced by the observations made by the Division Bench in its order dated September, 11, 2017.
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